Evening star. [volume] (Washington, D.C.) 1854-1972, 1887-09-24
FINES AND SUSPENSIONS.
Rights OF Labor Organizations Under
the Statutes.
THE MUSICAL BOYCOTT cAsE-JupGE SMELL SAYS
THAT CNLEss FORCE n rsRp THHRR IS NO VIOLA.
TON OF LAW

THE MUSICAL BOYCOTT cAsR-JuDGE SMELL SAYS
THAT uNLHss FORCE n rsRp THERE IS NO VIOLA.
TON OF LAW.
In the Police Court, yesterday, after the STARS
report closed the trial OF the nine musicians-Louis
"ld' "a C. Linden, Jno. n. Pistorto. jas. C. CAL
Ian, JOS. B. Caldwell, Geo. n. Sloan. Jno. Fallon
Anton Fisher, and Frank Pistorio-memoers Of
Musical Assembly No. 1905 K. of l., charged with
conspir1ng against Frank klause, another must
clan, was continued
TESTIMONY FOR THE DKrENsg.
Stanley LawtOn was called for the defense and
destined TO the meeting on a Saturday morning,
called 70 secure the engagement OF union men at
Moxiey's-Mr. Callan's band OF union men having
been discharged. There was list OF some ten or
twelve "scabs" there. On one occasion witness
aeard the words down Mr.. Krause," and the mas
yer workman, Mr.. Wild, said: 1--WE don't want to
down anybody" A committee was appointed to
walt on the managers OF places OF amusement and
ask II they would not employ union men.
On crOSS-examination witness read the notice
ION business relating TO the last circular" ithe
10 reference to the filming and suspension Of Mr..
gr1evance-his discharge by Mr.. Moxley-and a
committee was appointed to ind places Tor men in
good standing. John Pistorio, Cailan, Sloan, and
CaldWeli were on this committee. MeSSrS. Wild,
Frank Pierce. n. Stern, W. F. Smith, E. Williams,
and witness were members OF the executive COM
mttee stern and Williams were away last sum-
mer, ana MT. Fisher and he thought Mr. Calian,
were In their places The instructions were 10 see
II union men could not be emplOyed-"to 60 to
places where non-un1On men were employed and
get ourselves H." The injunction '.not to the
wOrd DOy colt" came from the general master
workman Mr.. Powderly, some months since The
committee Was Instructed not to use any threat
whatever.
JOS II. Allen testified that he was present at the
structions relative to downing" Mr.. Krause.
Daniel b. lnm1ch testified that krause told him
az NetLerolts music store that this boycott was
Dig advertisement for him; that he had more calls
than ever before.
Caesar Campani testified that Mr.. Krause had
told him that the boycott had largely increased
his business lie and others tried 10 get witness
70 JOIN them and break up the assembly.
PROCEEDINGS TO-DAY.
At noon to-day there was fair attendance Of
interested parties present when the counsel and
others gathered In the Police Court room. The
court remarked that as the case now stood 1t
might be greatly abridged. 1t had resolved itself
into question OF law, whether the Government
has shown SUFFICIENT case to establish an offense,
for he had some doubts about 1t.
Mr.. Moore said that the counsel for the defense
had been thoroughly persuaded from the first that
such was the case and therefore they had asked TO
Tile the demurrer.
District Attorney Worthington said he regretted
that after the defendants had put in part their
evidence the Government had no opportunity to
meet 1t.
VIEWS OF THE COCRT-FORCE MUST BE Used TO
CONSTITUTE AN OFFENsE
The court remarked that he regarded the opinion
OF Ch1ef Justice Shaw, in the case OF Metcalf,
as applicable. He had there decided In the case
OF the boot makers that they had the right to i'm
pose fines and suspend. Whenever an Organ1Za-
lion, in addition to enforcing its rules and reguia
tiOns imposes fines and suspensions on its
members, and seeks to enforce them, 1t seemed
to him that they had the right to do So
But when force was used actual or constructive,
by the use OF threats OF intimidation. &c. he had
doubt but that parties using such means were
amenaole to the law II the acts were merely acts
OF persuasion and there was no force or tntmatiOn
OF force used, the parties could not be held. IN,
less force was used to induce an act the case could
not be made out. There was no evidence as to
threats. except the statement that they had
$4,000 people at their back, and 1t did not appear
that those 10000 were to attack the complaining
witnesses.
AN IMPORTANT CASE.
District Attorney Worthington said that the
decision referred to to the suficiency OF the
Indictment. He was 10th to have the end here,
for he deemed it important to have decision b.
the highest authority, and he had no hesitation in
saying that he regarded this as the most import
ant prosecution he had ever participated In, for
II affected the whole community.
THE DISTRICT ATTORNEYS ARGUMENT.
Mr.. Worthington then proceeded With his argu-
ment, claiming that the case referred to was de-
cded mainly on the sufflciency Of the Indictment,
and that the indictment was detective. He then
stated what defendants had done for the purpose
OF deprivng Krause and others OF means OF 1veli-
hood, and claimed that IL was a violation OF law.
MIR. Worthington argued the question at great
length and cited many authorities He said
1: obvious to every body that some OF the wit
nesses called in this case were so terroriZed
that they were actually afraid to give tes-
timony even here in a court OF Justice.
II the defendants were dismissed he predicted
that 1t would not be long before they would come
to the court for protection, for IL they could boy
colt the employers could also boycott, for IL one
can do 1t others can. 1t was because OF this
aspect that he said that 1t was the most
important prosecution with which he had been
connected. He quoted, III q capitalist is driven
from his business he had other resources but not
so with the poor man." Should the lawyers COM
btne with the exception OF Mr. Moore, and say he
is 'scab," then they would have q
case like this, and Mr.. Moore would feel
how the shoe pinches himself They did not
charge only that these parties interfered with
but that they were Interfering with their living,
their object being to starve them TO death or bring
| them in. The master workman had cracked his
whip and these men We're to be starved
into submission, and those who assisted them
were to be similarly dealt with. The complaining
witnesses asked the right to earn living. 1t viii
be an evil day II these proceedings are
decided TO be not criminal until
some one Is cracked on the head. Reading from
authority the word "scab," he said Mr.. Lawton
used that term on the stand. The word was In
tended to be the most offensive one.
Mr.. WOrLhingtOn read from Judge Barretts
charge IN the case OF the New York baker, THESE
in which the judge salG that a crowd was In effect
intimidation even should 1t be orderly, and not
finger be raised. He claimed That he had shown.
by the authorities read, that the conspiracy had
been established.
The Government Not Responsible.